Food & Beverage Litigation & Regulatory Update

Category: U.S. Circuit Courts

  • Oregon AG Sues 5-Hour ENERGY® Makers Seeking Information

    Oregon Attorney General (AG) Ellen Rosenblum has reportedly filed an action in state court against the companies that make and promote 5-hour ENERGY®, a drink purportedly linked to adverse incidents including fatalities, seeking to enforce her demand for information about the product. The lawsuit against Innovation Ventures, Living Essentials and Microdose Sales, filed in Multnomah…

  • SEC Files Suit Against Diamond Foods over Financial Reporting

    The U.S. Securities and Exchange Commission (SEC) has filed a complaint against Diamond Foods, Inc. and two former executives alleging that the company “materially misstated its financial results in multiple SEC Forms 10-Q, 10-K, and 8-K from at least February 2010 and ending in September 2011. In this timeframe, Diamond reported artificially inflated earnings per…

  • Twinings Prevails on Health-Based Allegations for Its Tea Products

    A federal court in California has granted in part the motion for summary judgment filed by Twinings North America in a putative class action alleging that the company misbrands its tea products by stating that they are a “Natural Source of Antioxidants” and “a natural source of protective antioxidants.” Lanovaz v. Twinings N. Am., Inc.,…

  • Bumble Bee Tuna Labeling Suit Trimmed

    A federal court in California has granted in part the motion for summary judgment filed by Bumble Bee Foods in a putative class action alleging that certain labeling claims either deceived consumers or violate state and federal law. Ogden v. Bumble Bee Foods, LLC, No. 12 1828 (N.D. Cal., order entered January 2, 2014). Information about…

  • Consumer-Fraud Litigation Against Chewing Gum Maker Dismissed

    A federal court in California has dismissed with prejudice the second amended complaint in a putative class action alleging that Wrigley Sales Co.’s chewing gum and candy products are misbranded because the labels state that they are “sugar free.” Gustavson v. Wrigley Sales Co., No. 12-1861 (N.D. Cal., decided January 7, 2014). The court determined…

  • Suit Fails Against Cantaloupe Farm Auditor

    A federal court in Oklahoma has dismissed, without leave to amend, claims filed against the company that audited Jensen Farms before a 2011 Listeria outbreak sickened dozens of consumers, including the plaintiff, who allegedly contracted listeriosis from the strain linked to the farm’s cantaloupe and was hospitalized for a month. Underwood v. Jensen Farms, No.…

  • Court Denies Class Cert. in Ben & Jerry’s “All Natural” Suit

    A federal court in California has denied the plaintiff’s motion for class certification in a suit alleging that Ben & Jerry’s Homemade deceives consumers by using “all natural” on labels for ice cream, frozen yogurt and popsicle products that contain alkalized cocoa. Astiana v. Ben & Jerry’s Homemade, Inc., No. 10-4387 (N.D. Cal., decided January…

  • Organic Labeling-Based Claims Dismissed as Preempted

    Addressing a question of first impression, a California appeals court has dismissed a putative class action alleging that Herb Thyme Farms mislabeled its certified organically grown herbs as “USDA Organic” because the contents included a mix of organically and conventionally grown herbs. Quesada v. Herb Thyme Farms, Inc., No. B239602 (Cal. Ct. App., 2d Dist.,…